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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 8, 2017, the Defendant: (a) announced the tender of the following matters on the tender; (b) however, the bid was failed as the bidder’s source.
B C
B. Accordingly, the Defendant, on the 16th day of the same month (except for the closing date of tender registration and the opening date of the bids, the same contents as the above shall be set forth).
DB
C. The Plaintiff (the Plaintiff is a manufacturer that cuts and processes aircraft parts, oxygen parts, and precision products) participated in the bid at the above bidding, and the Plaintiff was determined as the first successful bidder on the 23th of the same month as the result of opening the bid.
On June 22, 2017, the Defendant: (a) as indicated in the separate sheet, the Plaintiff supplied the Defendant with the total price from November 30, 2017 to May 30, 2018; and (b) the Defendant paid KRW 1,565,79,500 to the Plaintiff with the total price of KRW 156,579,950 for the contract deposit, and the rate of compensation for delay at KRW 0.15% for delay (hereinafter “instant contract”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. On the grounds delineated below the Plaintiff’s assertion, there is no obligation to deliver the instant goods to the Defendant based on the instant contract.
1) The instant contract is null and void as a contract for the purpose of performance, which is “original impossibility.” In other words, the instant product is a specific company [a specific company, a system company, an E-A-U.S. F.S. Bank, a cooperation company, and an F.S. Bank, which is a cooperative company, are practically made available only in the L.S., and even if the instant specific company produces as soon as possible, its delivery period has been set short so as to make it impossible to supply
This can not be expected to realize the performance in light of the empirical rule or the concept of transaction.